Kathleen K. Peterink v. State of Indiana
2012 Ind. App. LEXIS 354
| Ind. Ct. App. | 2012Background
- Probation search in July 2010 uncovered marijuana under thirty grams at Peterink's home.
- Peterink pleaded guilty to possession of marijuana as a class A misdemeanor; Count I was dismissed.
- On November 1, 2011, the trial court sentenced her to 1 year in Noble County Jail, suspended, with the suspended portion to be served on probation.
- Special probation condition required six months of home detention with no good time credit.
- Counsel moved to correct errors; the court denied the motion after a hearing in December 2011.
- The Court of Appeals reverses and remands, addressing two issues: statutory maximum and good-time credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence exceeded the statutory maximum. | Peterink argues one-year suspended plus one year probation violates §35-50-3-1(b). | State relies on Jennings to treat suspended plus probation as within maximum for misdemeanors. | Sentence violated maximum; remanded for resentencing. |
| Whether home-detention probation earns good-time credit. | Statutes together imply entitlement to good-time credit for home detention. | Probation credit rules were ambiguous, | |
| State concedes entitlement to credit. | Trial court must amend to allow for credit time. |
Key Cases Cited
- Jennings v. State, 956 N.E.2d 203 (Ind. Ct. App. 2011) (combined term of imprisonment and probation for a misdemeanor may not exceed one year)
- Smith v. State, 621 N.E.2d 325 (Ind. 1993) (suspension plus probation can exceed one year; Smith addresses two-year equivalence issue)
- Collins v. State, 835 N.E.2d 1010 (Ind. Ct. App. 2005) (treatment of combined sentence for misdemeanors; statutory maximum considerations)
- Davidson v. State, 926 N.E.2d 1023 (Ind. 2010) (consideration of penal consequences under Rule 7(B))
- Pennington v. State, 426 N.E.2d 408 (Ind. 1981) (ambiguities construed in favor of the accused; strict construction of penal statutes)
- Jenkins v. State, 909 N.E.2d 1080 (Ind. Ct. App. 2009) (commentary on punishment structure for suspended terms)